[Senate Hearing 106-591]
[From the U.S. Government Publishing Office]
S. Hrg. 106-591
NOMINATIONS OF ANNA BLACKBURNE-RIGSBY, THOMAS MOTLEY, AND JOHN MOTT
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HEARING
BEFORE THE
COMMITTEE ON
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
ONE HUNDRED SIXTH CONGRESS
SECOND SESSION
ON THE
NOMINATIONS OF ANNA BLACKBURNE-RIGSBY, THOMAS MOTLEY, AND JOHN MOTT, TO
BE ASSOCIATE JUDGES OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
__________
MAY 10, 2000
__________
Printed for the use of the Committee on Governmental Affairs
_______________________________________________________________________
For sale by the Superintendent of Documents, Congressional Sales Office
U.S. Government Printing Office, Washington, DC 20402
COMMITTEE ON GOVERNMENTAL AFFAIRS
FRED THOMPSON, Tennessee, Chairman
WILLIAM V. ROTH, Jr., Delaware JOSEPH I. LIEBERMAN, Connecticut
TED STEVENS, Alaska CARL LEVIN, Michigan
SUSAN M. COLLINS, Maine DANIEL K. AKAKA, Hawaii
GEORGE V. VOINOVICH, Ohio RICHARD J. DURBIN, Illinois
PETE V. DOMENICI, New Mexico ROBERT G. TORRICELLI, New Jersey
THAD COCHRAN, Mississippi MAX CLELAND, Georgia
ARLEN SPECTER, Pennsylvania JOHN EDWARDS, North Carolina
JUDD GREGG, New Hampshire
Hannah S. Sistare, Staff Director and Counsel
Ash J. Jain, Counsel
Kristine I. Simmons, Staff Director, Oversight of Government
Management,
Restructuring, and the District of Columbia Subcommittee
Mason C. Alinger, Professional Staff Member, Oversight of
Government Management, Restructuring, and the District of Columbia
Subcommittee
Joyce A. Rechtschaffen, Minority Staff Director and Counsel
Peter A. Ludgin, Minority Professional Staff Member
Darla D. Cassell, Administrative Clerk
C O N T E N T S
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Opening statements:
Page
Senator Voinovich............................................ 1
WITNESSES
Wednesday, May 10, 2000
Hon. Eleanor Holmes Norton, a Delegate in Congress from the
District of Columbia........................................... 1
Anna Blackburne-Rigsby, to be Associate Judge of the Superior
Court of the District of Columbia.............................. 3
Thomas Motley, to be Associate Judge of the Superior Court of the
District of Columbia........................................... 3
John Mott, to be Associate Judge of the Superior Court of the
District of Columbia........................................... 5
Hon. Charles E. Schumer, a U.S. Senator from the State of New
York........................................................... 7
Alphabetical List of Witnesses
Blackburne-Rigsby, Anna:
Testimony.................................................... 3
Biographical information..................................... 9
Motley, Thomas:
Testimony.................................................... 3
Biographical information..................................... 36
Mott, John:
Testimony.................................................... 5
Biographical information..................................... 63
Norton, Hon. Eleanor Holmes:
Testimony.................................................... 1
Schumer, Hon. Charles E.:
Testimony.................................................... 7
Prepared statement........................................... 8
NOMINATIONS OF ANNA BLACKBURNE-RIGSBY, THOMAS MOTLEY, AND JOHN MOTT
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WEDNESDAY, MAY 10, 2000
U.S. Senate,
Committee on Governmental Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 9:56 a.m., in
room SD-342, Dirksen Senate Office Building, Hon. George V.
Voinovich presiding.
Present: Senator Voinovich.
OPENING STATEMENT OF SENATOR VOINOVICH
Senator Voinovich. Good morning. The hearing will come to
order.
I would like to welcome everyone, especially our nominees:
Anna Blackburne-Rigsby, Thomas Motley, and John Mott. And we
are very happy to have Delegate Eleanor Holmes Norton with us
this morning.
All of the individuals have been nominated to serve as
Associate Judges for the District of Columbia Superior Court,
and let me state for the record that all of our nominees have
been subjected to a very thorough screening process. They were
all recommended by the District's Judicial Nomination
Committee, subjected to FBI background investigations, and
subsequently nominated by the President of the United States.
So they have gone through a lot more than some other judges go
through in order to get to this table.
Since the nominations were received, the Committee staff
has also conducted separate background checks and interviews
with each of the nominees. I understand that Delegate Norton is
here to introduce one of the nominees, and Senator Schumer
should be here in just a while. But I know, Delegate Norton,
you are a busy person, and so I will ask you if you will
introduce Mr. Mott.
TESTIMONY OF HON. ELEANOR HOLMES NORTON, A DELEGATE IN CONGRESS
FROM THE DISTRICT OF COLUMBIA
Ms. Norton. Thank you, Mr. Chairman. It is my great
pleasure to introduce two of these nominees.
First, John Mott, who has been an acting chief and is now
deputy chief of the Criminal Section of the Civil Rights
Division of the Justice Department. Mr. Mott has had an
unusually distinguished career. For the last 2 years, he has
garnered four of the Department's top awards. He continued his
career there after a career of excellence at the Public
Defender's Service, considered the best Public Defender's
Service in the country, where he received extensive experience
with criminal defendants and juveniles. He is a member of the
Hispanic Bar Association and has been especially active in
committees of the D.C. Bar Association.
Mr. Mott distinguished himself in college and law school,
at Northeastern Law School, where he was a teaching assistant,
and at Dartmouth College, where he was a member of a senior
honor society.
Mr. Mott is especially well prepared to become an associate
judge of the Superior Court, and it is a very special pleasure
for me to recommend him to you.
It is, indeed, a pleasure as well to recommend Thomas
Motley to be an associate judge of the Superior Court. Mr.
Motley, like me, is a native Washingtonian. Mr. Motley is in
the tradition of African Americans, who have lived in this city
since its founding and have always put a premium on education,
pursued it extensively, rising to the top of the opportunities
available to them.
Mr. Motley went on from Coolidge High School to Columbia
College, where he won several prizes and was the class marshal,
and then to Harvard Law School, where he was an editor of one
of the law reviews. He went on to clerk for a Federal district
court judge, and was recruited to a distinguished downtown law
firm, Steptoe and Johnson.
Mr. Motley has spent most of his career as an Assistant
U.S. Attorney, rising to the very top of the U.S. Attorney's
Office, second only to the U.S. Attorney, herself, as Principal
Assistant U.S. Attorney in the office, which is the largest and
most important U.S. Attorney's Office in the country.
Mr. Motley's work there predicts that he will distinguish
himself on the Superior Court. He has prosecuted 500 felony
cases, including 50 jury trials in the District. We appreciate,
especially, his civic service particularly to children,
including his service in Big Brothers and Big Sisters as an
officer and with the Catholic Youth Organization. I am
especially pleased to recommend Thomas Motley to the Committee.
Senator Voinovich. Thank you very much. We appreciate your
being here with us this morning.
Ms. Rigsby, when Senator Schumer gets here--he will be here
in about 10 or 15 minutes--so when he comes, we will give you
an introduction. By that time, it may be over. [Laughter.]
But I can assure everyone that we have reviewed your resume
and background, and you are very qualified.
As part of the Committee's practice, I would like the three
of you to stand and raise your right hand and take the oath of
office. Do you solemnly swear that the testimony you will give
to the Committee today will be the truth, the whole truth, and
nothing but the truth, so help you, God?
Ms. Blackburne-Rigsby. I do.
Mr. Motley. I do.
Mr. Mott. I do.
Senator Voinovich. Let the record show that the three
nominees answered in the affirmative. Thank you.
I would now like to welcome Ms. Blackburne-Rigsby. We are
pleased to have you here today. Are you accompanied by any of
your family members that you would like to introduce?
TESTIMONY OF ANNA BLACKBURNE-RIGSBY,\1\ TO BE ASSOCIATE JUDGE
OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Ms. Blackburne-Rigsby. Yes, Senator, thank you. I am
accompanied today by my husband, Robert Rigsby, who is seated
behind me--he is a Corporation Counsel of the District of
Columbia--and my mother and father. My mother, Laura
Blackburne, is on the bench in New York State, the Supreme
Court there, and my father, Elmer Blackburne, is a District
Leader in Queens, N.Y. I am also accompanied by my sisters: Dr.
Rose Blackburne, and Faith Blackburne, who serves on the House
staff. My son Julian, who is two and a half, couldn't join us
today.
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\1\ The biographical and professional information of Ms.
Blackburne-Rigsby appears in the Appendix on page 9.
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I am also pleased to have a number of colleagues from the
Federal District Court and D.C. Superior Court. Judge Ricky
Roberts, from the Federal District Court, is here today, and
colleagues from Superior Court, Chief Judge Eugene Hamilton,
Judge Lee Satterfield, Judge Cheryl Long, and Judge Mary
Terrell. My secretary, Laverne Boone, and Courtenay Nelson are
also joining me from the office. Thank you.
Senator Voinovich. Thank you. I know that your family and
husband are very proud of you today, and especially following
in a family tradition.
Ms. Blackburne-Rigsby. Thank you.
Senator Voinovich. It is wonderful.
Would you like to make an opening statement of any sort?
Ms. Blackburne-Rigsby. Just briefly. I would first like to
thank you, Senator, and the other Senators on the Committee and
your Committee staff, who have done an excellent job in
assisting us through this process. I am very excited and take
very seriously the responsibilities that we are about to
undertake if confirmed by the Senate. And if confirmed, I
intend to serve the citizens of the District of Columbia with
dedication and enthusiasm, and I thank you for this opportunity
to be here today.
Senator Voinovich. Thank you.
I would like to welcome you, Mr. Motley. We are pleased to
have you here today, and would you like to introduce any of
your friends or family?
TESTIMONY OF THOMAS MOTLEY,\2\ TO BE ASSOCIATE JUDGE OF THE
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Mr. Motley. Yes, I would. I would like to begin with my
brother, Leutrell Michael Carlton Osborne. He is my oldest
brother who I have lived with for most of my--some of my youth.
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\2\ The biographical and professional information of Mr. Motley
appears in the Appendix on page 36.
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I also would like to introduce my sister, Victoria Motley
Washington, who is from Durham, North Carolina, and my sister,
Francine Motley Clark, who is also from Durham, North Carolina,
who drove up last night to be here today.
I take special pleasure to introduce my two nephews. They
are both attending college, North Carolina A&T. One is Morris
Jefferson Clark, who is graduating on Saturday. The other is
Jason Motley Clark, who is a rising senior.
I have colleagues who are here today. First, let me start
off with my present boss, Wilma A. Lewis. She is the U.S.
Attorney for the District of Columbia. And I am happy that she
is here. We have a lot of work to do back at the office.
With her today is Special Counsel J. Ramsey Johnson, and I
would like to thank him for being here today, and also Channing
Phillips.
My second boss is here also. She is my secretary, and I
would add that she is probably the best secretary in the
government, Felicia People, and I would like to thank her for
being here. I would like to thank Lydia Griggsby for being
here, Monty Wilkinson for being here, Chief Judge Hamilton, of
course, and other colleagues or future colleagues on the
Superior Court bench, Lee Satterfield, Mary Terrell, and Judge
Long.
I don't think I left anybody out, but if I did----
Senator Voinovich. Well, you certainly have a lot of
support, Mr. Motley.
Mr. Motley. I would like to add that Judge Ricky Roberts is
here. Judge Roberts was a colleague of mine in the U.S.
Attorney's Office. I think all three nominees know Judge
Roberts, and he's here for all three of us.
That's it.
Senator Voinovich. Well, we would like to welcome all of
you here. Mr. Motley, would you like to share with us your
feelings about the opportunity to serve on the bench?
Mr. Motley. Yes. It is an honor to appear before this
Committee to discuss my qualifications to become an associate
judge on the Superior Court of the District of Columbia. I
would like to thank the members of the District of Columbia
Nomination Commission for recommending me and the President of
the United States for nominating me. I appreciate the hard work
that your able staff has already performed in reviewing my
nomination.
Finally, I would like to thank Delegate Eleanor Holmes
Norton for her kind introduction of myself and John Mott. As
you know, the Superior Court of the District of Columbia is one
of the finest trial courts in the country. If I am confirmed to
serve on that court, I will work diligently to continue that
fine reputation.
As a native Washingtonian, I look forward to the
opportunity to serve the citizens of this community as an
associate judge on the Superior Court, and I'm happy to answer
any other questions that the Committee may have.
Senator Voinovich. Thank you very much.
Mr. Mott, welcome. Are there any family members that you
would like to introduce today, and friends?
TESTIMONY OF JOHN MOTT,\1\ TO BE ASSOCIATE JUDGE OF THE
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Mr. Mott. I will keep my introductions short, but I'd like
to introduce my wife, Cristina, who is behind me. I'm also very
pleased that my old boss, the Hon. Richard Roberts from the
U.S. District Court for the District of Columbia is here, and
Chief Judge Hamilton is here from the Superior Court.
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\1\ The biographical and professional information of Mr. Mott
appears in the Appendix on page 63.
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Senator Voinovich. And I am sure that they are pleased to
be here with you today.
Mr. Mott. I'd also like to thank my many colleagues and
friends who are in the audience, who I will not introduce by
name.
Senator Voinovich. I can pretty well tell who your wife was
when you were introduced. Very proud.
Mr. Mott. Thank you.
Senator Voinovich. Would you like to make an opening
statement?
Mr. Mott. Thank you, Senator. I'm honored to be here, and I
want to thank you and thank your staff. I would echo the
comments that were made earlier and thank the Committee staff
for their graciousness and their professionalism through this
process.
I am extremely grateful to have been nominated for a
position on the D.C. Superior Court. It's the court where I
learned to be a trial lawyer. It's a tremendous responsibility,
and I will do everything in my power to live up to that
responsibility if I'm nominated for a position on the court.
Senator Voinovich. Thank you. Again, I would like the
record to reflect that the three nominees today have gone
through a very extensive screening process, and I suspect that
this hearing this morning is going to be rather short, and I
wouldn't want anyone to interpret the shortness of it as an
indication that the three of you haven't gone through quite a
long ordeal to get to this hearing table today. And I want to
publicly thank our staff for the fine work that they have done,
and I want you to know that I have visited with the Justice
Department in regard to all three of your nominations and have
gone over them personally, and I am most impressed with your
credentials.
There are some mandatory questions for the record, though,
that need to be answered this morning, and I suspect that you
have been familiarized with those questions. And I would like
to ask each of you those questions, and, Ms. Blackburne-Rigsby,
we will start with you.
The first is: Are you aware of anything in your background
that might present a conflict of interest with the duties of
the office to which you have been nominated?
Ms. Blackburne-Rigsby. No, sir. However, Senator, I feel I
should mention something that has been previously discussed
with your Committee staff, and that is that my husband, Robert
Rigsby, is the Corporation Counsel of the District of Columbia,
and some of the attorneys in that office practice in Superior
Court. He has been in other management positions in the office
while I have served on the court as a hearing commissioner, and
we have dealt with any possible appearances of a conflict of
interest by me recusing myself from cases where I thought there
might be a conflict or even an appearance of a conflict. And I
certainly would continue that practice if I'm confirmed as an
associate judge.
Senator Voinovich. I appreciate your bringing that out this
morning.
Do you know of any reason, personal or otherwise, that
would in any way prevent you from fully and honorably
discharging the responsibilities of the office to which you
have been nominated?
Ms. Blackburne-Rigsby. No, Senator, I do not.
Senator Voinovich. And do you know of any reason, personal
or otherwise, that would in any way prevent you from serving
the full term for the office to which you have been nominated?
Ms. Blackburne-Rigsby. No, sir.
Senator Voinovich. Thank you.
Mr. Motley, are you aware of anything in your background
that might present a conflict of interest with the duties of
the office to which you have been nominated?
Mr. Motley. No, I am not.
Senator Voinovich. Do you know of any reason, personal or
otherwise, that would in any way prevent you from fully and
honorably discharging the responsibilities of the office to
which you have been nominated?
Mr. Motley. No, I do not.
Senator Voinovich. And, last, do you know of any reason,
personal or otherwise, that would in any way prevent you from
serving the full term for the office to which you have been
nominated?
Mr. Motley. No, I do not.
Senator Voinovich. Thank you.
Mr. Mott, are you aware of anything in your background that
might present a conflict of interest with the duties of the
office to which you have been nominated?
Mr. Mott. No, Mr. Chairman.
Senator Voinovich. Do you know of any reason, personal or
otherwise, that would in any way prevent you from fully and
honorably discharging the responsibilities of the office to
which you have been nominated?
Mr. Mott. No, I do not.
Senator Voinovich. And do you know of any reason, personal
or otherwise, that would in any way prevent you from serving
the full term for the office to which you have been nominated?
Mr. Mott. No, Mr. Chairman.
Senator Voinovich. Well, those are the mandatory questions,
and as I mentioned, I have gone over your files thoroughly, and
I haven't any questions for you. As many of you know, when we
set these hearings, we never know what we are going to be doing
at the time. And, again, I want to apologize for being late for
this hearing, but we had a vote this morning and I had to be
there to exercise that vote.
Do any of you have any other questions you would like to
ask or any comments?
Mr. Mott. No, thank you.
Mr. Motley. No, Mr. Chairman.
Senator Voinovich. OK. Well, we would like to thank
everyone then for coming. The Members of the full Committee
will vote on your nominations at a subsequent markup. I don't
know when that is going to be, but I can say that it is going
to be in the next several weeks. And if the Committee approves
your nominations, which I hope they will, the full Committee
will consider the nominations and then the Senate will vote on
them.
Ms. Rigsby, I want you to know that Senator Schumer's fine
testimony to your background and to your New York connections
will be in the record. We will insert them in the record.
Ms. Blackburne-Rigsby. Thank you, Senator.
Senator Voinovich. You can share those with posterity.
Ms. Blackburne-Rigsby. Thank you.
Senator Voinovich. I want to again thank you very much, and
I want to thank members of the family for coming today. I know
this is a very special day in the lives of your family, and it
is a proud day. One of the things I have learned in life is
that we rejoice and get much greater satisfaction out of the
accomplishments of our children than the accomplishments that
we achieve in our own right. So I know it is a big day for all
of you. Thank you very much, and this hearing is adjourned.
[Pause.]
Senator Voinovich. Although the hearing was adjourned,
Senator Schumer, I said that they would be able to read your
words in the record, but I am sure they would rather hear your
eloquent words. What we will do is we will reconvene the
hearing so that we can get Senator Schumer's words.
Senator we are glad to have you here.
TESTIMONY OF HON. CHARLES E. SCHUMER, A U.S. SENATOR FROM THE
STATE OF NEW YORK
Senator Schumer. I thank you, and I apologize to everybody,
particularly the Blackburne-Rigsby family, for being late. And
since my entire statement will be read in the record, I will be
very, very brief. I am just so proud to be here for the
nomination of Anna Blackburne-Rigsby to be an associate judge
of the D.C. Superior Court. As I am sure has been mentioned,
her experiences in law and, among other things, her devotion to
helping victims of violence and child abuse make her an
excellent choice to serve.
She was born and raised in our Nation's capital. D.C.'s
gain was New York's loss. She attended Duke University in
Durham and graduated from Howard Law School in the top 5
percent of her class. She has had wide-ranging experiences and
has just done a great job as Hearing Commissioner in the
Superior Court of D.C. Her experience is across the board.
In addition, she cares about her community and her kids,
and she has the title of coach of the girls' basketball team at
St. Gabriel Petworth Catholic Youth Organization for the last 7
years, which is just--as a father of two Little Leaguers, I
understand the devotion that that takes.
Just two other words, Mr. Chairman. First, I have known the
Blackburne family for a very long time. They are among leaders
in New York City, and thank God, praise God that the apple has
not fallen far from the tree. Both her dad and her mom have
been leaders in our community in New York City for 25 years. I
see them smiling there in the audience, very, very proud.
And, second, I just speak on behalf, I think, of all of us.
We are so glad that someone of your talent has decided to
become a judge. I know there are many, many other opportunities
open to you, but the fact that you will continue in public
service is very meaningful to all of us. So I want to
congratulate Anna, the entire Blackburne and Rigsby families,
and this is just a fine day for me and even a finer day for all
of you.
Thank you.
PREPARED STATEMENT OF SENATOR SCHUMER
I want to first thank Senator Voinovich, the Chairman of the
Subcommittee on Oversight of Government Management, Restructuring, and
the District of Columbia, for holding today's nomination hearing.
Mr. Chairman, I am here today to introduce to the Committee Anna
Blackburne-Rigsby, who has been nominated by the President to be an
Associate Judge of the District of Columbia Superior Court. I hope that
the Committee will look favorably upon her nomination and that the
Senate as a whole will confirm her soon.
Ms. Blackburne-Rigsby's experiences in the law and, among other
things, her devotion to helping victims of violence and child abuse
make her an excellent choice to serve on the District of Columbia
Superior Court.
Ms. Blackburne-Rigsby was born and raised in our Nation's capital.
She attended Duke University in Durham, North Carolina, and after
receiving her Bachelors of Arts in Political Science, she returned to
her hometown of Washington, DC, to enroll at Howard University School
of Law. She graduated in 1987 in the top 5 percent of her class.
After law school, she worked as an associate at the prominent law
firm of Hogan and Hartson, where she litigated before State and Federal
courts and administrative agencies in the areas of real estate,
commercial law, employment discrimination law and education law.
After 5 years as an associate, Ms. Blackburne-Rigsby accepted the
position of Special Counsel in the Office of Corporation Counsel in
Washington, DC. In that capacity, she managed a staff of more than 300
individuals, and gave legal guidance regarding vital District of
Columbia government programs.
Two years later, she was promoted to Deputy Corporate Counsel
within the Family Services Division, where she supervised the
prosecution of child abuse and neglect cases, child support enforcement
actions, domestic violence cases, and elder abuse cases. In particular
she served as lead counsel in the case of LaShawn A. v. Barry, a class
action lawsuit that led to significant reforms in the District's child
welfare system.
Since 1995, she has served as a Hearing Commissioner in the
Superior Court of the District of Columbia. She presides over and
adjudicates proceedings in the Civil, Criminal, and Family Divisions,
and the Domestic Violence Unit of the Superior Court. It seems that, in
many respects, she has already been performing the duties that she
would take on as an Associate Judge. And she's been doing it for 5
years.
Somehow, Anna also finds the time to serve her community and the
bar on numerous professional associations. She has also given back to
her law school as a mentor to law students at Howard University's law
school. And, as importantly, she has held the title of Coach of the
Girls Basketball Team at St. Gabriel's Petworth Catholic Youth
Organization for the last 7 years. (I don't have her win-loss record
however).
Mr. Chairman, Anna Blackburne-Rigsby is a dedicated and hard-
working individual whose outstanding professional and personal
accomplishments will make her a wonderful Associate Judge on the
Superior Court in the District of Columbia. I urge the Committee to
speedily approve her nomination, so that the Senate can soon do the
same.
Ms. Blackburne-Rigsby. Thank you, Senator.
Senator Voinovich. Thank you, Senator.
The hearing is adjourned.
[Whereupon, at 10:16 a.m., the Committee was adjourned.]
A P P E N D I X
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